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2025 Supreme(Online)(P&H) 18618

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
GURPREET SINGH – Appellant
Versus
STATE OF HARYANA – Respondent



103 THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 28.10.2025 Gurpreet Singh ..... Petitioner Versus State of Haryana ....Respondent CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present: Mr. Harpal Singh Sidhu, Advocate for the petitioner.

Mr. Sumit Jain, Addl. A.G., Haryana.

RAJESH BHARDWAJ, J.

1. Present petition has been filed praying for the grant of anticipatory bail to the petitioner in case bearing FIR No.231, dated 21.09.2025, under Section 15-C of Narcotic Drugs and Psychotropic Substances Act, 1985 (Sections 25 and 29 of NDPS Act added lateron), registered at Police Station Uklana, District Hisar.

2. Succinctly the facts of the case are that the police party while on patrolling on 21.09.2025, received a secret information to the effect that Harpal Singh who works as a driver, supplies poppy husk in his vehicle bearing No.PB-04-AG-0673 make Ashok Leyland 6-wheeler Canter Truck. It was informed that he was waiting for his customer on Tohana Road and in case of raid, he could be apprehended along with the contraband. On receiving the information, raiding party was constituted and reached at the place as disclosed, where the abovesaid vehicle was seen in which a young boy was sitting. On seeing the police, he got perplexed and tried to ran away, however, he was overpowered by the police. On asking, he disclosed his name to be Harpal Singh. He was suspected to be carrying some contraband and on giving the offer the vehicle was searched. On conducting the search of the truck, 08 bags containing 144.190 kgs of chura doda post (poppy husk) was recovered from the same. The FIR was registered and investigation commenced. During investigation, the complicity of the petitioner surfaced on the basis of disclosure statement of co-accused and thus, he was also arrayed as an accused in the present case. Apprehending his arrest, the petitioner approached the Court of learned Additional Sessions Judge, Fast Track Special Court, Hisar praying for the grant of anticipatory bail. However, after hearing both the sides, finding no merit in the same, learned trial Court dismissed the petition filed by the petitioner vide his order dated 16.10.2025. Hence being aggrieved, the petitioner is before this Court by way of filing the present petition praying for the grant of anticipatory bail.

3. Learned counsel for the petitioner has vehemently contended that the petitioner has been falsely implicated in the present case. He submits that neither the petitioner was present at the spot nor any recovery has been effected from him. It is submitted that at the time of recovery, co-accused namely, Harpal Singh was driving the truck. He submits that the petitioner had no knowledge about the contraband loaded in his truck and thus, no prima facie case as alleged is made out against the petitioner. He submits that no recovery is to be effected from the petitioner and thus his custodial interrogation is not required. He, in the overall facts and circumstances of the case submits that the petitioner deserves to be granted anticipatory bail.

4. Learned State counsel had opposed the submission made by counsel for the petitioner and has submitted that the petitioner is the owner of the truck bearing No.PB-04-AG-0673 and also loaded the recovered contraband in the aforesaid canter. He submits that the recovery effected is 144.190 kgs of poppy which falls under the category of commercial quantity and thus, provisions of Section 37 of NDPS Act, are attracted in the present case. He has submitted that the allegations made against the petitioner are serious in nature. He has thus submitted that the investigation is at threshold and thus custodial interrogation of the petitioner is essential. He has submitted that no case for the grant of anticipatory bail to the petitioner is made out and thus the present petition being devoid of merit deserves to be dismissed.

5. On hearing of the counsel for the parties and perusing the record, it is deciphered th

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